No. CCCL. A Fine sur cognizance de droit tantum (1) by a man and his wife, passing an Estate in Reversion, in lands the inheritance of the Wife. Variations where there are several cognizees. PRECIPE. COMMAND John Stiles, Esquire, (the deforceant, or Yorkshire CONCORD. AND the agreement is such, to wit that the aforesaid John (4) and Mary have acknowledged the aforesaid tenements (5), with the appurtenances, to be the right of him the said Richard (6), and have FINE. Tantum (reversion). (1) A fine sur cognizance de droit tantum, is an acknowledgment of A fine tantum. the right merely of the cognizee, without the circumstance of any preceding gift from the cognizor (see ante, p. 501, n. (1).) and is used therefore to pass an interest in remainder or reversion, of which there can have been no feoffment, or donation with livery, as the possession belongs to the tenant of the particular estate. (2) See ante, p. 503, where these particulars are set out at length. (3) See ante, p. 506, n. (5). (4) See ante, p. 507, n. (1). (5) See ibid. n. (4).' (6) If there be several cognizees, say, Description of parcels. Several cogni "To be the right of the said Richard, (i. e. only one of the cog- zees. nizees). FINE. Tantum (reversion). granted that the aforesaid tenements, with the appurtenances, which (the tenant for life) on the day this agreement is made, holds for the term of his life of the inheritance of the said Mary, and which, after the decease of the said (tenant for life), ought to revert to the said Mary and her heirs, shall, after the decease of the said (tenant for life), entirely remain to the said Richard (1) and his heirs for ever. AND the aforesaid John and Mary have granted for themselves and the heirs of the said Mary, that they will warrant (2) to the said Richard (3) and his heirs, the aforesaid tenements, with the appurtenances, in such manner as is aforesaid against them (4) the said John and Mary, and the heirs of the said Mary for ever. AND for this, &c. (5) Taken, &c. Several cogni zors. Several cogni zees. Extension of warranty. (1) If there be several cognizors, say, "To the said Richard and James, and the heirs of the said Richard for ever." (2) See ante, p. 509, n. (1) and (2). (3) If there be several cognizees, say, "Will warrant to the said Richard and James, and the heirs of the said Richard." (4) If the warranty be made to extend to the father, or grandfather of the cognizor, see ante, p. 509, n. (3). (5) See ante, p. 509, n. (4). No. CCCLI. A Fine sur concessit (1) by a man and his wife, passing an Es- Variations where it is the Inheritance of the wife. Where the Yorkshire To wit. PRECIPE. COMMAND John Stiles, Esquire (the deforceant, or cognizor), and Mary his wife, that justly, and without delay, they perform, to Richard Baker, gentleman (the plaintiff, or cognizee), the covenant made between them of (the particulars) (2), and unless, &c. (3) CONCORD. AND the agreement is such, to wit, that the aforesaid John (4) and FINE. Sur concessit (for life). (1) A fine sur concessit may be levied, and will be proper when the Fine sur conintention is to pass a particular estate, and a reversion in fee; Ludlow cessit. v. Drummond, 2 Taunt. 84; and the Court will allow a fine concessit for conveying a life estate, and a fine tantum for conveying a reversionary interest in the same premises, to pass as one and the same fine, Prideaux v. Gilford, 1 Marsh, 422. The only difference between a fine sur concessit, and a fine tantum is, that by the former, the deforceant is supposed to have granted the estate; whilst by the latter, he acknowledges the right to be already in the cognizee. See 1 Marsh, 423. This fine may also be used for passing a term of years, see post. p. (2) For the different species of property, of which a fine may be levied, and the manner in which the parcels are to be set out, see ante, p. 504. (3) See ante, p. 506, n. (5). (4) See ante, p. 507, n. (1). 516. Description of the parcels. FINE. Sur concessit (for life). Mary (1) have granted (2) to the aforesaid Richard (3) the aforesaid tenements (4) with the appurtenances, To HAVE AND TO HOLD the same tenements, with the appurtenances, unto the said Richard, during the life (5) of the said John, [or as the case may be]. AND moreover, the said John (6) and Mary have granted for themselves (7) and the heirs of the said John (8), that they will warrant (9) Several cogni zors. Nature of a fine sur concessit. Several cogni. zees. Words of limi tation necessary in a fine sur concessit. The estate expressed with certainty in concessit fine. (1) If there be several cognizors, say, "The aforesaid John, Thomas, and William, have granted, &c. (2) A fine sur concessit proceeds upon the supposition that the cognizor, in order to put an end to the dispute, although he acknowledges no precedent right, yet grants to the cognizee an estate de novo, usually for life, or for years, by way of a supposed composition, and upon which may be reserved a rent, or the like, as in other grants for life or years. (3) If there be several cognizees, say, "Have granted to the aforesaid Richard and James, the aforesaid tenements, with the appurtenances, To HAVE AND TO HOLD the same tenements, with the appurtenances, unto the said Richard and James, and the heirs of the said Richard, during the life, &c. (4) See ante, p. 508, n. (4) and n. (5). (5) In fines sur concessit, words of limitation defining the period for which the grant is to continue, are necessary; for a grant by fine, will, without express words, pass no more than an estate for the life of the cognizee; this fine not presupposing a feoffment, as in the case of a fine come ceo, see ante, p. 508, n. (1), but only a grant for an indefinite period. A fine must express with certainty the estate which it purports to granted must be grant, as to the conusee in fee, for life, or for years. The Court would not, therefore, in a late case, permit a fine concessit to be levied for the purpose of passing such estate as the party might have (it being dubious what estate he had) by the description of, "for, and during all the term and other estates, and all and whatsoever else he had." See Seymour v. Barker, 2 Taunt. 198. Several cogni zors. Life estate. Wife's inherit ance. (6) If there be several cognizors, say, "AND moreover the said John, Thomas, and William, have granted for themselves and the heirs of the said John, &c." (7) If the cognizor and his wife have an estate for life only, under a marriage settlement or will, say, "AND moreover the said John and Mary have granted for themselves, that they will warrant, &c." (8) If the estate be the inheritance of the wife, say, to the aforesaid Richard (1) the aforesaid tenements, with the appurtenances, in such manner as is aforesaid against them the said John and Mary, during the life of the said John. AND for this, &c. (2). Taken, &c. FINE. Sur concessit (for life). (1) If there be several cognizees, say, "Will warrant to the aforesaid Richard and James, and the heirs of the said Richard." (2) See ante, p. 509, n. (4). Several cogni zees. |